Being injured on government property can feel overwhelming and confusing. Unlike private property claims, pursuing a case against New York City or other government entities involves strict deadlines, complex rules, and procedural hurdles that can easily derail your case. The good news is, you can sue NYC for injuries sustained on government property—but only if you understand and precisely follow the rules that govern municipal liability cases.
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At the Porter Law Group, we've successfully handled numerous complex personal injury cases, and are well equipped to handle premises liability cases against both private entities, and even against New York City and other government entities throughout New York State. We understand the specialized knowledge required to navigate these challenging cases and the importance of acting quickly to protect your rights. If you've been injured on government property, contact us immediately at 833-PORTER9 or email info@porterlawteam.com for a free, no-obligation consultation.
Historically, government entities were protected from civil lawsuits under the doctrine of "sovereign immunity." This ancient principle essentially made governments immune from legal claims. But New York has waived this immunity, allowing injured parties to file negligence claims against New York City and other municipal entities.
This shift encourages government accountability, but imposes strict rules designed to balance public access to justice with protection of municipal resources and operations. The waiver doesn't make suing the government as straightforward as suing a private property owner—instead, it creates a specialized legal framework with compressed timelines and unique procedural requirements.
When we talk about suing "New York City," we're actually referring to a complex network of government entities that can be held liable for premises liability violations. This includes:
Each of these entities operates public property where dangerous conditions can cause serious injuries to visitors, residents, and passersby.
Some of the most common government-related injury claims involve:
Sidewalk and Street Defects: These represent the most frequent type of claim against NYC. Broken sidewalks, potholes, uneven pavement, and poorly maintained walkways cause thousands of injuries annually.
Public Transportation Accidents: Slips and falls on subway platforms, bus accidents, dangerous conditions at transit stations, and poorly maintained stairs or escalators.
Parks and Recreation Injuries: Dangerous conditions in city parks such as broken playground equipment, inadequate lighting, and poorly maintained athletic facilities.
Public Housing Problems: NYCHA properties with dangerous conditions like broken stairs, inadequate lighting, security failures, and structural defects.
Public Building Hazards: Accidents in courthouses, libraries, administrative buildings, and other government facilities due to poor maintenance or dangerous conditions.
School Property Injuries: Accidents on public school grounds, in buildings, or during school-sponsored activities.
The most crucial aspect of any government property injury case is the Notice of Claim requirement. This is where many otherwise strong cases are lost due to missed deadlines or procedural errors.
You have exactly 90 days from the date of your accident to serve a written Notice of Claim on the appropriate government entity. This deadline is absolute—there are very limited exceptions. Missing it typically means losing your right to compensation entirely, regardless of how strong your case might be.
For wrongful death cases, the 90-day period begins when a representative of the deceased person's estate is appointed, not from the date of death. This modification recognizes the practical challenges of estate administration while maintaining the government's need for prompt notice.
The Notice of Claim isn't just a simple notification—it's a detailed legal document that must contain specific information:
Complete Contact Information: Your name, address, and your attorney's information if you have representation.
Detailed Description of the Accident: The exact time, date, and location where the accident occurred, described with maximum precision.
How the Accident Happened: A clear explanation of the dangerous condition that caused your injury and how the accident occurred.
Nature of Your Injuries: A description of the injuries and damages you sustained, to the extent known at the time of filing.
The Claim Being Made: A clear statement that you're seeking compensation from the government entity for your injuries.
The specific requirements serve dual purposes: they provide the government with adequate information to investigate while evidence is fresh, and they force you to crystallize your claims early. Courts have emphasized that you should include all potential claims, as failure to list a claim in the Notice may result in forfeiting that claim later.
After you serve the Notice of Claim, the government entity has 30 days to request a hearing or examination under oath. During this hearing, government attorneys may question you about the accident, your injuries, and your damages. While these hearings can be intimidating, they're also an opportunity to strengthen your case by providing clear, consistent testimony about what happened.
Following the notice period and any requested hearings, you can proceed to file a lawsuit—but only within the compressed statute of limitations period.
While most personal injury cases in New York have a three-year statute of limitations, cases against government entities must be filed within one year and 90 days of the accident. This means you have less than 15 months total to:
This compressed timeline makes early legal representation essential for protecting your rights.
One of the most significant challenges in government property liability cases is the "special duty" doctrine. This legal requirement makes it much harder to prove negligence against government entities compared to private property owners.
When suing a private property owner, you typically only need to prove they had a duty to maintain safe conditions and breached that duty.
However, when suing a government entity, you must prove that the city owed you a specific legal duty—beyond its duty to the public.
This “special duty” exists in three specific situations:
The rationale for requiring special duty reflects concerns that making governments more vulnerable to negligence claims would make them "less, not more, effective in protecting their citizens." Courts worry that the threat of liability might deter useful government activity or paralyze essential services.
While this doctrine has been criticized as overly protective of government entities, it remains firmly established in New York law and must be carefully navigated in every government premises liability case.
Recent court decisions have created some important exceptions and clarifications to the special duty doctrine:
Persons in Government Custody: The New York Court of Appeals has ruled that the special duty requirement doesn't apply to individuals in government custody, recognizing that taking people into custody creates specific responsibilities beyond general public duties.
Police Operations: Courts have found special duties when police plan and execute operations like no-knock search warrants, creating specific duties to individuals within targeted premises.
Direct Infliction of Harm: The special duty analysis may be different when government employees directly cause harm versus failing to protect against harm from third parties.
When you successfully pursue a premises liability claim against New York City, you may be entitled to compensation for:
The amount of compensation depends on the severity of your injuries, the degree of the government's negligence, and the impact on your life and family.
Government premises liability cases are among the most complex in personal injury law. The procedural requirements, compressed timelines, and specialized defenses make professional legal representation virtually essential for success.
Attempting to handle a government injury case without experienced counsel often results in:
Don’t take the risk. The experienced personal injury attorneys at the Porter Law Group have worked for over 2 decades to help injured New Yorkers secure the compensation they deserve. We are well-versed in all the intricacies of New York State law, as well as the specific laws for all cities in the State. When you work with the Porter Law Group, you can be sure that we will stop at nothing to give you the best outcome. From collaborating with experts, to negotiating favorable settlements, we do everything in our power to help you walk away with the best results possible.
Were You Injured On Government Property In New York?
Reach out to our experienced team for a free consultation.
The lawyers at the Porter Law Group have decades of experience representing individuals and families whose lives have been devastated by catastrophic injuries. We have obtained some of the largest settlements and verdicts in courts throughout the State of New York. We are a state-wide firm that handles cases with a hometown feel.
Our clients come to us looking for guidance and answers. With seasoned trial lawyers, the Porter Law Group has the resources necessary to help you navigate the most complex cases, against goliath insurance companies that will stop at nothing to prevent you from receiving the compensation you deserve.
You only get one chance to hire the best lawyer for you and your family. Hire the lawyers most recommended by former clients and local attorneys, and the firm that obtains superior results.
When you or a loved one’s life has been devastated by a serious personal injury in New York, don’t hire a lawyer without calling the Porter Law Group to learn why so many of our clients are thankful they trusted us with their case in their time of need.
If you've been injured on government property in New York, time is not on your side. The 90-day Notice of Claim deadline approaches quickly, and every day you wait makes it harder to gather evidence and build a strong case.
Don't let the complexity of government liability law prevent you from seeking the compensation you deserve. The Porter Law Group has the experience, resources, and commitment necessary to take on New York City and other government entities.
We work on a contingency fee basis, meaning you pay no attorney fees unless we successfully recover compensation for you. We offer free, no-obligation consultations where we'll evaluate your case and explain your options clearly and honestly.
Contact the Porter Law Group today at 833-PORTER9 or email info@porterlawteam.com. Don't let crucial deadlines pass while dealing with your injuries and recovery. Let our experienced government liability attorneys protect your rights and fight for the compensation you deserve.
Your injuries are real, your damages are significant, and the government should be held accountable when their negligence causes harm. With proper legal representation, you can navigate the complex requirements of government liability law and secure the justice and compensation you deserve.
Remember: the clock is ticking on your Notice of Claim deadline. Contact us today to ensure your rights are protected and your case is handled with the expertise and attention it deserves.
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